Rights and liabilities of trade union, Lecture notes of Civil Law

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CHAPTER 3-

RIGHTS AND LIABILITIES OF

REGISTERED TRADE UNIONS

CHAPTER 3-RIGHTS AND LIABILITIES

OF REGISTERED TRADE UNIONS

Sec-15 Objects on which general funds may be spent.  The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely:— (a) the payment of salaries, allowances and expenses to office-bearers of the Trade Union. (b) the payment of expenses for the administration of the Trade Union, including audit of the accounts of the general funds of the Trade Union;

 (e) the compensation of members for loss arising out of trade disputes;  (f) allowances to members or their dependant on account of death, old age, sickness, accidents or unemployment of such members;  (g) the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or under policies insuring members against sickness, accident or unemployment;

 (h) the provision of educational, social or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependants of members;  (^) (i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such;

SEC 16. CONSTITUTION OF A

SEPARATE FUND FOR POLITICAL

PURPOSES

 (1) A registered Trade Union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of any of the objects specified in sub -section (2).

 (2) The objects referred to in sub-section (1) are:—  (a) the payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as a member of any legislative body constituted under the Constitution or of any local authority, before, during, or after the election in connection with his candidature or election; or

 (e) the holding of political meetings of any kind, or the distribution of political literature or political documents of any kind.

 (^) (3) No member shall be compelled to contribute to the fund constituted under sub-section (1); and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the Trade Union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for Admission to the Trade Union.

SEC 18. IMMUNITY FROM CIVIL SUIT IN CERTAIN CASES.  (^) —(1) No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any office- bearer or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.

 (2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil Court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the Trade Union.

SEC 20. RIGHT TO INSPECT BOOKS OF TRADE UNION.—  The account books of a registered Trade Union and the list of members thereof shall be open to inspection by an office- bearer or member of the Trade Union at such times as may be provided for in the rules of the Trade Union.

SEC 21. RIGHTS OF MINORS TO

MEMBERSHIP OF TRADE UNIONS.—

 Any person who has attained the age of fifteen years may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules.

 (2) Any member of the executive or other office-bearer of a registered Trade Union who, before the commencement of the Indian Trade Unions (Amendment) Act, 1964 has been convicted of any offence involving moral turpitude and sentenced to imprisonment, shall on the date of such commencement cease to be such member or office-bearer unless a period of five years has elapsed since his release before that date.

SEC 22. PROPORTION OF OFFICE-

BEARERS TO BE CONNECTED WITH THE

INDUSTRY.

 Not less than one-half of the total number of the office-bearers of every registered Trade Union shall be persons actually engaged or employed in an industry with which the Trade Union is connected:  (^) Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order